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Singh Retention Case is Out ( Not positive)

Forum to discuss all things Blarney | Ireland immigration

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Obie
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Singh Retention Case is Out ( Not positive)

Post by Obie » Fri Jul 24, 2015 3:12 pm

It is with great regret, that I inform the Forum that the case of Singh and Others v Minister for Justice and Equality C 218/14 has been promulgated by the CJEU Singh .


http://curia.europa.eu/juris/celex.jsf? ... TXT&ancre=

http://curia.europa.eu/jcms/upload/docs ... 0085en.pdf


Unfortunately it is bad new. The (INIS) Department of Justice won the case unfortunately, although the applicant won on the issue of whether or not a person can rely on the income of a Spouse who is in employment to establish self-sufficiency.

The Consequencies is that Retention of Residence will have little meaning in the Irish Context, as a person cannot divorce in ireland until they have lived apart for the last 4 of a 5 years period.

The CJEU Ruled that a person will need to ensure that the EEA national is residing in the State at the time the divorce was initiated.

It follows that an EEA national who leaves the state before acquiring a Permanent Right of Residence , and went to another country in order to gain a divorce, will result in that non-EEA national loosing the right to retain residence, unless a petition was filed before the EEA National departed the state.

As a consequence of this judgement, many divorce or potential divorce person will have significant problem in securing a retained right of residence in Ireland, giving the problematic nature of the Irish Divorce System.

The Opinion of the Advocate General was wholly lacking in reasoning an logic, and it came as a huge surprise to me that it was adopted by the court.

It open a can of worm, and i am confident this matter will go back to the court.

There is already a UK case called NA(Pakistan) , which was a matter involving domestic violence, and a decree of divorce obtained following the departure of the violent EEA national.

We patiently await the views of the court in that matter.
Smooth seas do not make skilful sailors

PrestonLancs

Re: Singh Retention Case is Out ( Not positive)

Post by PrestonLancs » Fri Jul 31, 2015 12:40 pm

Important.
Points to very relevant info for some people.
Thanks for posting.

Diamler
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Re: Singh Retention Case is Out ( Not positive)

Post by Diamler » Sun Aug 30, 2015 12:47 am

So what it means exactly. Non Eu family member can not get divorce at all in other EU member state if their relationships dont work well?? As far as I know Ireland also has another law(Domicile). If you want to get divorce from other country then he/she has to live there for a while.
This is totally confusing. Now Irish immigration will revoke your residence retention right if you get divorce in other country...!!

Maria khan
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Re: Singh Retention Case is Out ( Not positive)

Post by Maria khan » Thu Sep 17, 2015 10:51 am

hi there

i am British citizen. my British husband has divorced me our case is near to final in the court
i want to re union my ex husband in Pakistan actually it is all ready done
now i want to settle in Ireland can i apply my husband visa form Pakistan now while my kids application
(under directive 2004/38/ec is still in progress

please reply me asp

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